Fake ID’s in Tennessee – Penalties

I received a citation/was arrested for using a fake identification at a bar in downtown Nashville. How much trouble am I in? Tennessee law provides fairly harsh punishments for the underage person attempting to gain admittance to a bar or club by using a fake ID. Certainly the maximum jail time would be harsh however for most people at this age, probation is likely and jail time is not typically considered. The most surprising aspect of Tennessee law is the mandatory loss of your driver’s license for one year. This is not something that can be negotiated with the prosecutor. If you are … [Read more...]

MNPD Media Release – Nashville DUI Checkpoint on Friday, August 17, 2012

Officers from the police department’s DUI Unit will be joined by troopers from the Tennessee Highway Patrol in staffing a sobriety checkpoint Friday night, August 17, into the early morning hours of Saturday, August 18, on West End Avenue east of I-440. So far this year, 22% of all fatal crashes in Nashville (9 of 41) have involved impaired drivers.  Blood alcohol test results are pending in more recent traffic fatality cases. … [Read more...]

BONNAROO DRUG CHARGES

Many have headed home from Bonnaroo after 4 days of great music. The experience however may be one many would rather quickly forget. The week prior to Bonnaroo, police from all over the state of Tennessee ramp up their drug stops in an effort to curb the widely recognized drug use at the music event. Those driving into Tennessee from out of state face a substantial risk of being stopped while traveling to Bonnaroo. Here are a few answers to common questions we get each year from out of state callers looking for assistance with drug charges. What is Simple Possession in Tennessee? Generally, … [Read more...]

NASHVILLE DUI CHARGES INCREASE OVER MEMORIAL DAY WEEKEND

Over the Memorial holiday weekend, Metro Nashville Police Department, the Tennessee highway patrol and other local law enforcement agencies intend on setting up checkpoints around frequently traveled areas each evening over the weekend. Examples of common DUI checkpoints in Nashville typically include checkpoints along West End Avenue, Hillsboro Road, and Broadway. This weekend has historically proven itself to be one of the deadliest weekends throughout the year, with more fatal car accidents than any other holiday. Nearly 50% of all traffic related fatalities involve alcohol as a … [Read more...]

What happens when I go to court in Tennessee?

For those who have been arrested or received criminal citations for the first time, going to court can be a scary thought. Simply not knowing what will happen or understanding how the courts work will cause you stress. What happens after I am arrested/receive a citation for a criminal offense in Tennessee? After receiving a citation or being arrested for a criminal offense, you will be booked. When booked, the arresting agency will gather information about you, including your birthdate, home address and will take you photographs and fingerprints. If you are arrested, the booking process … [Read more...]

Scientists and legal scholars study ‘moral luck’

What can the structure of the human brain teach us about criminal law? Psychologist Fiery Cushman asks us to consider the following. Hal and Peter drink together in a bar. After becoming intoxicated from consuming identical amounts of alcohol, they drive separate cars home. Each man loses control of their car on an icy road. Hal’s car runs into a tree. Peter’s car hits a little girl and kills her. Hal will face some driving-related sanctions. Peter, on the other hand, has committed a homicide and will probably serve some time in prison. Why should two accidental outcomes of identical … [Read more...]

Technology and its impact on the Fourth Amendment

By Timothy P. O'Neill Let's set the Wayback Machine to 1983. You are in a law school classroom and are discussing a brand new U.S. Supreme Court case, U.S. v. Knotts, 460 U.S. 276 (1983). The professor says, "This case holds that police use of a beeper to track a suspect's car to a drug lab is not a search under the Fourth Amendment. In order for police activity to constitute a search, it must intrude on the person's reasonable expectation of privacy. Here the car was always on public streets; theoretically, any person could have viewed the suspect's movements. Use of the beeper only aided … [Read more...]

Court takes on Fourth Amendment exclusionary rule

September 9, 2011 By  Timothy P. O'Neill Timothy P. O'Neill is a professor at The John Marshall Law School. He was a finalist for the 2010 "Peter Lisagor Award" for Exemplary Journalism in the area of Commentary. Let's talk about "The Biggest Loser." No, not the TV show. I want to talk about what Linda Greenhouse referred to as "The Biggest Loser" of the 2010 term of the U.S. Supreme Court: the Fourth Amendment. From a defense perspective, the result was scorched earth. For openers, the government won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the majority … [Read more...]

Tennessee Criminal Attorney: Did you know? – Sports Bribery

In Tennessee, it is a Class A misdemeanor for an athlete, referee, coach or other ‘sports participant’ to bribe or to accept a bribe in exchange for the participant to not give their best efforts in a sports contest. The Tennessee law of ‘Sports Bribery” applies to all levels of athletics and is punishable by up to 11 months, 29 days in jail. Although there are no reported cases of Sports Bribery being prosecuted in Tennessee, recently eight people were charged with sports bribery in California where they also operated a sports betting business. They plead not-guilty on August 13, 2011 and … [Read more...]

Recent Prostitution and Drug Stings in Nashville

The Nashville – Davidson County Metropolitan Police Department provided a press release recently indicating they have continued their focus on prostitution and drug sting operations in the Nashville area. The stings ranged from online prostitution related charges stemming from websites such as Craigslist and Backpage to drug sting ‘buy’ operations. All in all, over 100 individuals were charged within a one week period in select Nashville communities. Multiple vehicles and substantial quantities of cocaine, marijuana and pills were seized during the drug sting operations. If you have been … [Read more...]

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